Terms & Conditions

PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE
USING OUR SITE.

All users of this
site agree that access to and use of this site are subject to the
following Terms and Conditions and other applicable law. If you do
not agree to these Terms and Conditions, please do not purchase any
products and/or services from us or use this site. This page
(together with the documents referred to on it) sets out the Terms
and Conditions on which we supply any of the products and/or services
listed on this website to you.

1. Information
about us

1.1 We operate the website
www.biohealthtech.co.uk,
which shall be referred to as
“our site” for
the purposes of these Terms and Conditions.

1.2 Copyright in this site
belongs to Kevin Davies.

2. Your status

2.1 By placing an order
through our site, you warrant that you are legally capable of
entering into binding contracts.

2.2 We reserve the right,
at our sole discretion and for whatever reason, to withdraw our
Products and/or services from any trade customer at any time and
without notice. We shall not be liable for any losses (financial or
otherwise) associated with such withdrawal.

3. How the contract
is formed between you and us

3.1 After placing an order
online, you will receive an email from us acknowledging that we have
received your order. Please note that this does not mean that your
order has been accepted. Your order constitutes an offer to us to buy
a product (Product)
and/or services (Services)
from our site. All orders are subject to acceptance by us, and we
will confirm such acceptance to you by sending you an email that
confirms that the Product has been dispatched (Dispatch
Confirmation)
or the Services will be performed, as the case may be. The contract
between us (Contract)
will only be formed when we send you a Dispatch Confirmation (in the
case of Products) or a confirmation email (in the case of Services).

3.2 The Contract will
relate only to those Products whose dispatch we have confirmed in the
Dispatch Confirmation and/or those Services we have confirmed we will
provide (as appropriate). We will not be obliged to supply any other
Products or Services which may have been part of your order until the
dispatch of such Products has been confirmed in a separate Dispatch
Confirmation and/or we have confirmed provision of the Services.

3.3 It is important that
you provide us with an accurate and valid email address in order that
we are able to contact you and so that we are able to accept your
order(s). You must also ensure that if this address and/or the
delivery address changes between submitting your order and delivery
of the Product(s) by us to you (or to your customer, in the case of
dropshipping), you advise us of the new address(es). We will not be
responsible for failure to perform under these Terms and Conditions
where such failure is attributable to a change of address.

3.4 Please note, any
amendments to orders once placed and/or changes to invoices once
raised (where such are required by you) will incur an administration
fee of £5.

4. Cancellations
policy

4.1 If you wish to cancel
your order:

(a) you can notify us by
telephone on +44 (0) 1202 640 264 or email us at
services@biohealthtech.co.uk before we have dispatched the Products
or started to perform the Services (as the case may be); or
(b)
where goods have already been dispatched, by returning the un-opened
goods to us in accordance with clause 8 below.

5. Availability and
delivery

Orders and shipping

5.1 We ship orders every
business day from Monday to Friday (except for Bank Holidays). Orders
are download from 6.30pm every business day and most dropship orders
will be shipped the two to three business days after
payment has been received;
we aim to ship all other orders (including bulk / wholesale orders)
within four (5)
business days’ of the order being placed, unless there are
exceptional circumstances.

5.2 We will arrange for
delivery of the Products ordered by you by the method (if applicable)
and to the address which you specify in the check out procedure.
However, please note, as some of the dropship rates are subsidised by
us, if a trade order or dropship order weighs over 1kg, we will ship
via the cheapest option. This is normally via courier (even if you
have selected a Royal Mail service).

5.3 If you (or your
customer(s), in the case of dropshipping) do not take delivery of the
Products, or if you do not supply accurate and complete delivery
instructions, we may cancel the order and retain the Products. In
this event, we will refund you the price of the Products, but you
will still be liable to pay any delivery or associated charges. If
you require the item(s) to be re-shipped, the full shipping charges
will be applied again. In the event of lost mail due to incorrect
address details being provided we will not be able to refund your
shipping costs (if applicable). In addition, you will be liable for
any return fees charged to us by the courier (if applicable).

6. Risk and title

6.1 The Products will be at
your risk from the time of delivery.

6.2 Ownership of the
Products will only pass to you when we receive full payment of all
sums due in respect of the Products, including delivery charges.

7. Price and
payment

7.1 The price of the
Services, the Products and any applicable delivery charges will be as
quoted on our site from time to time, except in cases of obvious
error. All prices quoted are in UK pounds sterling (£).

7.2 Unless specified
otherwise on the site, Services prices and Product prices include the
cost of delivery. The total order cost is shown at the point of
checkout.

7.3 In cases where free
delivery does not apply, delivery charges vary according to the
method of delivery and the delivery address specified in your order.

7.4 In most cases, you will
make an online payment at the time of placing your order. Products
are subject to availability. In the event that we are unable to
supply the Products, we will inform you of this as soon as possible.
Either a full refund will be given where you have already paid for
the Products, or (at your request) we can fulfil the order once the
item(s) become available.

7.5 Services prices,
product prices and delivery charges are liable to change at any time,
but changes will not affect orders in respect of which we have
already sent you a Dispatch Confirmation (in the case of Products) or
confirmation email (in the case of Services).

7.6 Our site contains a
large number of Products and Services and it is always possible that,
despite our best efforts, some of those listed on our site may be
incorrectly priced. We
will also normally verify prices as part of our dispatch procedures
or service provision. Where a Product's or Service's correct price is
less than our stated price, we will normally charge the lower amount
(at our discretion). If a Product's or Service's correct price is
higher than the price stated on our site, we will normally, at our
discretion, either contact you for instructions before dispatching
the Product or providing the Service, or reject your order and notify
you of such rejection.

7.7 We are under no
obligation to provide the Product or Service to you at the incorrect
(lower) price, even after we have sent you a Dispatch Confirmation or
email confirmation (as the case may be), if the pricing error is
obvious and unmistakeable and could have reasonably been recognised
by you as an error.

8. Our returns and
refunds policy

If you return a Product to
us un-opened and in the same condition as when it was sent out to
you, a full refund will be given when the goods have been received,
less the shipping costs and any other costs incurred due to the
return - refer to clause 5.3 above. Nothing within these provisions
shall affect your statutory rights.

9. Warranty

We warrant to you that any
Product or Service purchased from us through our site will, on
delivery, conform in all material respects with its description, be
of satisfactory quality, and be reasonably fit for all the purposes
for which products or services of that kind are commonly supplied.

10. Our liability

10.1 Subject to clause
10.3, if we fail to comply with these Terms and Conditions, we shall
only be liable to you for the purchase price of the Products or
Services in question.

10.2 Subject to clause
10.3, we will not be liable for losses that result from our failure
to comply with these Terms and Conditions that fall into the
following categories:

(a) loss of income or
revenue;
(b) loss of business;
(c) loss of profits;
(d)
loss of anticipated savings;
(e) loss of data; or
(f) waste
of management or office time.

10.3 Nothing in this
agreement excludes or limits our liability for:

(a) death or personal
injury caused by our negligence;
(b) fraud or fraudulent
misrepresentation;
(c) any other matter for which it would be
illegal for us to exclude or attempt to exclude our liability.

11. Import duty

11.1 Products from our site
are in the main imported or for delivery outside the UK, they may be
subject to import duties and taxes which are levied when the delivery
reaches the specified destination. You will be responsible for
payment of any such import duties and taxes. Please note that we have
no control over these charges and cannot predict their amount. Please
contact your local customs office for further information before
placing your order.

11.2 Please also note that
you must comply with all applicable laws and regulations of the
country for which the Products are destined. We will not be liable
for any breach by you of any such laws.

12. Written
communications

12.1 It may be that certain
applicable laws require that some of the information or
communications we send to you should be in writing. When using our
site, you accept that communication with us will be mainly
electronic. We will contact you by email or provide you with
information by posting notices on our site. For contractual purposes,
you agree to this electronic means of communication and you
acknowledge that all contracts, notices, information and other
communications that we provide to you electronically comply with any
legal requirement that such communications be in writing. This
condition does not affect your statutory rights.

12.2 By registering with us
as a customer or trade
customer, you agree to receive our email newsletters from time to
time. These include important information and updates, including
product alerts, stock updates, holiday dates, special offers and
more.

13. Notices

All notices given by you to
us must be given to Bio Health Tech, Flat 4 Plantation Court, 41
Plantation Road Poole. BH17 9LW, or sales@biohealthtech.co.uk. We may
give notice to you at either the email or postal address you provide
to us when placing an order, or in any of the ways specified in
clause 12 above.

14. Transfer of
rights and obligations

14.1 The Contract between
you and us is binding on you and us and on our respective successors
and assignees.

14.2 You may not transfer,
assign, charge or otherwise dispose of a Contract, or any of your
rights or obligations arising under it, without our prior written
consent.

14.3 We may transfer,
assign, charge, sub-contract or otherwise dispose of a Contract, or
any of our rights or obligations arising under it, at any time during
the term of the Contract.

15. Events outside
our control

15.1 We will not be liable
or responsible for any failure to perform, or delay in performance
of, any of our obligations under a Contract that is caused by events
outside our reasonable control (Force
Majeure Event).

15.2 A Force Majeure Event
includes any act, event, non-happening, omission or accident beyond
our reasonable control and includes in particular (without
limitation) the following:

(a) strikes, lock-outs or
other industrial action;
(b) civil commotion, riot, invasion,
terrorist attack or threat of terrorist attack, war (whether declared
or not) or threat or preparation for war;
(c) fire, explosion,
storm, flood, earthquake, subsidence, epidemic or other natural
disaster;
(d) impossibility of the use of railways, shipping,
aircraft, motor transport or other means of public or private
transport;
(e) impossibility of the use of public or private
telecommunications networks; and
(f) the acts, decrees,
legislation, regulations or restrictions of any government.

15.3 Our performance under
any Contract is deemed to be suspended for the period that the Force
Majeure Event continues, and we will have an extension of time for
performance for the duration of that period. We will use our
reasonable endeavours to bring the Force Majeure Event to a close or
to find a solution by which our obligations under the Contract may be
performed despite the Force Majeure Event.

16. Website
Information

16.1 Information and the
Products and Services obtained from our site and/or our organisation
should not be taken as medical advice for any reason. The information
is not intended to replace advice given by a doctor. No claim or
opinion is intended to be, nor should it be construed to be medical
advice. Please also make yourself familiar with our Disclaimer .

16.2 The information,
Products and Services on our site are not intended to diagnose, treat
or cure any disease and are not a guide for self-diagnosis and/or
treatment.

16.3 We do not accept
responsibility for the use or misuse of the information on our site
and/or Products and/or Services purchased from our site.

16.4 We have tried to
ensure that information provided on our site is accurate. However,
neither we, nor any third parties, provide any warranty or guarantee
as to the accuracy, timeliness, performance, completeness or
suitability of the information and materials found or offered on our
site for any particular purpose. The content of our site is for your
general information and use only.

16.5 You acknowledge that
information and materials found on our site may contain inaccuracies
or errors and we expressly exclude liability for any such
inaccuracies or errors to the fullest extent permitted by law. We do
not accept liability for any loss (direct, indirect or consequential)
which may arise from reliance on information contained on our site or
in respect of any error or omission. Your use of any information or
materials on our site is entirely at your own risk, for which we
shall not be liable. Except as expressly provided for elsewhere in
these Terms and Conditions, it shall be your own responsibility to
ensure that any Products, services or information available through
our site meet your specific requirements.

16.6 From time to time our
site may also include links to other websites. These links are
provided for your convenience to provide further information. They do
not signify that we endorse those websites. We have no responsibility
for the content of any linked websites.

16.7 You may not create a
link to our site from another website or document, or copy images or
text from our site, without our prior written consent.

16.8 All information from
Bio Health Tech is for business use only and not for consumer use.
Information contained in this website pertaining to health claims as
defined in regulation EC 1924/2006 is not for consumer use unless
specifically mentioned.

17. Waiver

17.1 If we fail, at any
time during the term of a Contract, to insist upon strict performance
of any of your obligations under the Contract or any of these terms
and conditions, or if we fail to exercise any of the rights or
remedies to which we are entitled under the Contract, this will not
constitute a waiver of such rights or remedies and will not relieve
you from compliance with such obligations.

17.2 A waiver by us of any
default will not constitute a waiver of any subsequent default.

17.3 No waiver by us of any
of these Terms and Conditions will be effective unless it is
expressly stated to be a waiver and is communicated to you in writing
in accordance with clause 13 above.

18. Severability

If any of these Terms and
Conditions or any provisions of a Contract are determined by any
competent authority to be invalid, unlawful or unenforceable to any
extent, such term, condition or provision will to that extent be
severed from the remaining terms, conditions and provisions which
will continue to be valid to the fullest extent permitted by law.

19. Entire
agreement

19.1 These Terms and
Conditions (and any document expressly referred to in them)
constitute the whole agreement between us and supersede all previous
discussions, correspondence, negotiations, previous arrangement,
understanding or agreement between us relating to the subject matter
of any Contract.

19.2 We each acknowledge
that, in entering into a Contract, neither of us relies on, or will
have any remedies in respect of, any representation or warranty
(whether made innocently or negligently) that is not set out in these
Terms and Conditions or the documents referred to in them.

19.3 Each of us agrees that
our only liability in respect of those representations and warranties
that are set out in these Terms and Conditions (whether made
innocently or negligently) will be for breach of contract.

19.4 Nothing in this clause
19 limits or excludes any liability for fraud.

20. Our right to
vary these terms and conditions

20.1 We have the right to
revise and amend these Terms and Conditions without notice and from
time to time to, without limitation, reflect changes in market
conditions affecting our business, changes in technology, changes in
payment methods, changes in relevant laws and regulatory requirements
and changes in our system's capabilities.

20.2 You will be subject to
the policies and Terms and Conditions in force at the time that you
order Products and/or Services from us, unless any change to those
policies or these Terms and Conditions is required to be made by law
or governmental authority (in which case it will apply to orders
previously placed by you), or if we notify you of the change to those
policies or these Terms and Conditions before we send you a Dispatch
Confirmation or confirmation email as the case may be (in which case
we have the right to assume that you have accepted the change to the
Terms and Conditions, unless you notify us to the contrary within
seven (7) business days of receipt by you of the Products).

21. Law and
jurisdiction

Contracts for the purchase
of Products and/or Services through our site and any dispute or claim
arising out of or in connection with them or their subject matter or
formation (including non-contractual disputes or claims) will be
governed by English law. Any dispute or claim arising out of or in
connection with such Contracts or their formation (including
non-contractual disputes or claims) will be subject to the
non-exclusive jurisdiction of the courts of England and Wales